Felon Gun Rights in Rhode Island

Overview

Rhode Island's firearm prohibition is narrower than many states: under RIGL 11-47-5, only persons convicted of a 'crime of violence' are prohibited from purchasing, owning, carrying, or possessing firearms. Nonviolent felons are not prohibited under state law, though they remain subject to the federal prohibition under 18 USC 922(g)(1). For those convicted of a crime of violence, restoration requires either a petition to the court under RIGL 11-47-5 or expungement of the conviction under RIGL 12-1.3-2. A gubernatorial pardon is also available. Rhode Island does not have an automatic restoration mechanism — a formal petition is always required for violent crime convictions.

Quick Answer

It depends. If your felony was not a 'crime of violence' as defined by Rhode Island law, you are not prohibited from possessing firearms under state law — but you are still prohibited under federal law (18 USC 922(g)(1)). If your felony was a crime of violence, you must petition the court for restoration or seek expungement. There is no automatic restoration. Consult an attorney to determine whether your specific conviction qualifies as a 'crime of violence' under RIGL 11-47-5.

Step-by-Step Process

Waiting Period

There is no fixed statutory minimum waiting period for petitioning the court for restoration of firearms rights, though courts generally expect at least 5 years of law-abiding conduct after sentence completion. For expungement of felony convictions, a 10-year waiting period after sentence completion typically applies under RIGL 12-1.3-2. A gubernatorial pardon has no fixed waiting period. The federal 18 USC 925(c) process timeline is still being finalized.

Key Laws

Frequently Asked Questions

Can a convicted felon own a gun in Rhode Island?

Under Rhode Island state law, only persons convicted of a 'crime of violence' (a defined list of violent offenses and drug trafficking crimes) are prohibited from possessing firearms. Nonviolent felons are not prohibited under state law. However, all felons are prohibited under federal law (18 USC 922(g)(1)) regardless of the nature of the offense. This creates a gap where some felons may be legal under state law but illegal under federal law.

What is a 'crime of violence' under Rhode Island law?

Under RIGL 11-47-2, 'crime of violence' includes murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, burglary, breaking and entering, and any felony involving the illegal manufacture, sale, or delivery of a controlled substance (Schedule I or II). Simple drug possession, theft, and other nonviolent offenses are generally not included.

How do I petition the court to restore my gun rights in Rhode Island?

File a motion with the district court where you were originally convicted, seeking restoration of firearms rights under RIGL 11-47-5. Your motion should include evidence of rehabilitation: employment history, community involvement, clean record since conviction, and character references. The court will hold a hearing where you must demonstrate you have led an 'upright and law-abiding life.' Legal representation is strongly recommended.

How long do I have to wait before I can petition for restoration?

There is no fixed statutory minimum waiting period for a petition to restore firearms rights under RIGL 11-47-5. However, courts generally expect at least 5 years of law-abiding conduct after sentence completion. For expungement of felonies under RIGL 12-1.3-2, the waiting period is typically 10 years after sentence completion. A gubernatorial pardon has no fixed waiting period.

Can I expunge my felony conviction in Rhode Island?

Yes, under RIGL 12-1.3-2, most felony convictions may be expunged after a waiting period (typically 10 years after sentence completion). You must demonstrate that the conviction was an aberration and that you are unlikely to reoffend. Not all offenses are eligible for expungement. First-time offenders have a better chance of approval. Expungement seals the record and may restore civil rights including firearm rights.

Does a gubernatorial pardon restore gun rights in Rhode Island?

A gubernatorial pardon can restore firearm rights, but the pardon should expressly include restoration of firearms privileges. Rhode Island governors have historically granted pardons sparingly. The application is submitted to the Governor's Office. A pardon also addresses the federal firearms disability if it restores civil rights and does not expressly exclude firearms.

Are there any offenses that permanently prohibit firearm possession in Rhode Island?

Under Rhode Island state law, a crime of violence conviction creates a permanent prohibition that can only be lifted through court petition, expungement, or pardon. There is no automatic restoration for violent crime convictions. Additionally, persons who are fugitives, under restraining orders, or adjudicated mentally incompetent face separate prohibitions that require different relief processes.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, allowing individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process was effectively defunded since 1992. It may provide a pathway for Rhode Island felons — both violent and nonviolent — to address the federal prohibition independently of state-level restoration. Application details are still being finalized.